AMENDED IN COMMITTEE 7/12/21 FILE NO. 201089 ORDINANCE …

AMENDED IN COMMITTEE 7/12/21

FILE NO. 201089 ORDINANCE NO. 110-21

Supervisors Stefani; Chan, Peskin, Mandelman, Safai, Mar, Haney, Walton, Ronen, Melgar, Preston BOARD OF SUPERVISORS Page 1

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[Administrative Code - Rules for Awarding Grants]

Ordinance amending the Administrative Code by codifying a grant award process to,

among other things, 1) require, with certain exceptions, a competitive solicitation;, 2)

require advertisement of solicitations and set forth evaluation criteria of grant

proposals;, 3) reserve the City’s right to cancel, reject, and/or readvertise solicitations;,

4) list required grant terms;, 5) set forth requirements for the head of a granting agency

in making a sole source grant determination;, 6) authorize the Purchaser to promulgate

rules and regulations for effectively carrying out the requirements of this ordinance;, 7)

set forth grant requirements based on a grant’s funding source;, and 8) set forth

administrative debarment procedures; and 9) set forth the requirements for the

advertisement and notice of availability of rebate and incentive programs.

NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables.

Be it ordained by the People of the City and County of San Francisco:

Section 1. The Administrative Code is hereby amended by adding Chapter 21G,

consisting of Sections 21G.1 through 21G.112, to read as follows:

CHAPTER 21G: GRANTS

SEC. 21G.1. SCOPE OF CHAPTER.


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(a) Chapter 21G governs Grants awarded by Granting Agencies.

(b) Grants awarded under Chapter 21G may not involve the contracting out of, or delegation

of the responsibility for, any services (1) for the benefit of the Granting Agency, as opposed to the

public, or (2) that are routinely performed by City employees of the Granting Agency.

(c) Chapter 21G applies to all Grants first advertised, solicited, or initiated if no

advertisement or solicitation is required, on or after the operativeeffective date of the

ordinance in Board File No. 201089 establishing Chapter 21G.

(c) “Grant” does not include, and hence Chapter 21G does not apply to, contracts (1)

for public works or improvements under Administrative Code Chapter 6; (2) for the purchase,

sale, lease, use, or development of real property; (3) for the purchase of Commodities or

Services under Administrative Code Chapter 21; or (4) to provide financial assistance such as

a loan or loan guarantee, an interest rate subsidy, tax relief, or tax credit. “Grant” also does

not include, and hence Chapter 21G also does not apply to, grants or assistance given to

individuals under City service or assistance programs.

SEC. 21G.2. DEFINITIONS.

As used in this Chapter 21G, the following terms shall have the following meanings:

“City” means the City and County of San Francisco.

“Grant” means an award of funds to a Grantee for, or in furtherance of, a Public Purpose,

which is paid from monies deposited in the treasury of the City, and which is not required to be repaid

except upon default by the Grantee. “Grant” does not include contracts (1) for public works or

improvements under Administrative Code Chapter 6; (2) for the City purchase, sale, lease,

use, or development of real property; (3) for the City purchase of Commodities or Services

under Administrative Code Chapter 21; or (4) to provide financial assistance such as a loan or

loan guarantee, an interest rate subsidy, tax relief, or tax credit. “Grant” also does not include


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grants or assistance to individuals under City service or assistance programs, rebates or

incentives. Departments administering rebate or incentive programs must comply with

Section 21G.12.

“Grant Agreement” means a written agreement between the Granting Agency and Grantee

wherein the Granting Agency agrees to provide a Grant to the Grantee in return for work to be

performed by the Grantee in furtherance of a Public Purpose.

“Grantee” means the party entering into a Grant Agreement with the City. A Grantee may be a

for-profit or nonprofit entity, an individual, or a governmental entity. All Grantees (other than

governmental entities) must be registered to do business in the State of California and the City and

County of San Francisco.

“Granting Agency” means the City department or office that enters into a Grant Agreement.

“Grants Officer” means either the head of the Granting Agency or the head’s designee.

“Proposal” means a response to a Solicitation following guidelines outlined in the

Solicitationdescribing how the Proposer will use any Grant funds awarded.

“Proposer” means an entity or individual that submits a Proposal in response to a Solicitation.

“Public Purpose” means a benefit in the interests of one or more communities in the City or for

the general good of the people of the City, as determined by the Granting Agency in its judgment.

“Purchaser” means the Director of the Office of Contract Administration of the City, or the

Purchaser’s designee.

“Risk Manager” means the Director of the Risk Management ProgramDivision of the General

Services AgencyCity.

“Solicitation” means an invitation to submit a Proposal to receive a Grant.

SEC. 21G.3. COMPETITIVE SOLICITATION.


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(a) Granting Agencies shall award all Grants through an open and competitive process under

Sections 21G.4, 21G.5, and 21G.6, except for Grants (1) to a governmental entity for programs,

activities, or services that can be practically performed only by that particular entity, (2) made to a

specific entity as required to comply with applicable law or contract, or as a result of the requirements

of the funding source, (3) made for improvement to property by to a private property owner or for a

neighborhood improvement as designated by the Granting Agency, or (4) awarded on a sole

source basis pursuant to Section 21G.8.

(b) All Grants, including those excepted from competitive solicitation under subsection (a),

shall comply with applicable rules and regulations made by the Purchaser.

(c) Each Granting Agency shall submit an annual quarterly report by June 1 of each year,

commencing on June 1, 20232, to the Board of SupervisorsController, listing each Grant that the

Granting Agency awarded during the preceding calendar yearquarter without following an open and

competitive process, and with the exception relied on for making each such Grant without said process.

SEC. 21G.4. ADVERTISING SOLICITATIONS.

(a) Notices of Solicitations shall be published in accordance with Section 2.98 of the

Administrative Code.

(b) The deadline for Proposers to submit Proposals in response to a Solicitation shall be not

less than 21 days following publication of the notice of Solicitation; provided, however, the Grants

Officer shall have the discretion, for good cause, to shorten this time period to not less than 10five

days following publication.

(c) The notice of Solicitation shall contain a general description of the Public Purpose of the

proposed Grant, the deadline for submitting Proposals, a link to complete information about the Grant

on the applicable City website, contact information for the Granting Agency, and such other

information in the notice of Solicitation that the Granting Agency deems appropriate.


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SEC. 21G.5. INVITATIONS FOR COMPETITIVE GRANT PROPOSALS; GRANT

AGREEMENTS.

(a) Evaluation Criteria. Each Solicitation shall include a clear statement of the process for

submitting Proposals and for evaluating Proposals, including the evaluation criteria to be used by the

Granting Agency for the ranking of Proposals and for awarding one or more Grants under the

Solicitation. The Solicitation shall reserve the Granting Agency’s right to reject or cancel the

Solicitation in whole or in part at any time before a Grant Agreement is entered into.

(b) Content of Proposals. A Solicitation shall specify the materials and information that must

be included in each Proposal. A Granting Agency shall reject Proposals that do not meet the

requirements of the Solicitation, except that it may waive nonmaterial defects or omissions in any

Proposal, as determined by the Grants Officer.

(c) Negotiation. The Granting Agency may negotiate a Grant Agreement with one or more

selected Proposers consistent with the Solicitation. If, in the judgment of the Grants Officer, an

agreement cannot be reached with a selected Proposer, then the Granting Agency may terminate

negotiations with that Proposer and begin negotiations with the next highest ranked Proposer. If there

will be more than one Grantee, the Granting Agency may negotiate with multiple Proposers

simultaneously. All Grantees must be capable of performing the work described in the Grant

Agreement, as determined by the Granting Agency.

(d) Grant Agreement. All Grant funds shall be disbursed according to the terms of a Grant

Agreement. The Grant Agreement shall be subject to the Controller’s certification of funds, and shall

be subject to the City Attorney’s approval as to form.

SEC. 21G.6. CANCELLATION, REJECTION, READVERTISING, AND AMENDMENTS.

The Granting Agency may cancel any Solicitation or reject all Proposals, at any time prior to

execution of the Grant Agreement, and may in its discretion republish the notice of Solicitation under


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Section 21G.4. The Granting Agency may amend any Solicitation prior to the date that Proposals

become due; provided, that any such amendment shall be republished and provide additional time to

all potential Proposers, as determined by the Granting Agency, to respond to the Solicitation as

amended.

SEC. 21G.7. GRANT TERMS.

(a) The Grant Agreement shall specify performance requirements and deliverables for the

Grantee, the manner and timing of payments by the Granting Agency, eligible and prohibited

reimbursements, and the Granting Agency’s remedies for default by the Grantee.

(b) Insurance. All Grant Agreements shall require the Grantee to maintain insurance for the

City’s benefit, as determined by the Risk Manager. The Risk Manager shall develop insurance

requirements for Grants and shall publish such requirements in the Risk Manager’s Manual. The Risk

Manager shall review and, if appropriate, update such insurance requirements annually or, in the Risk

Manager’s judgment, more frequently.

(c) Infringement Indemnity. Each Grant Agreement shall require any Grantee that provides

intellectual property to the City to indemnify the City for any violation of copyright, trademark, patent,

or other intellectual property rights resulting from the City’s use of that intellectual property.

(d) Assignment. Each Grant Agreement shall prohibit assignments by the Grantee, except by

written instrument approved by the Granting Agency. Before granting any such approval, the Granting

Agency shall determine whether the assignee is generally capable of performing the work set forth in

the Grant Agreement, and whether the assignee satisfies all other requirements of the Grant

Agreement. The Granting Agency shall notify the Controller quarterly by January 1, April 1, July 1,

and October 1 of each year, commencing on AprilOctober 1, 2022,1 of such assignments.

(e) Audit Of Grantee’s Records. Each Grant Agreement shall require the Grantee to maintain

records documenting the work performed and the payments received under the Grant Agreement, and


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allow the City, at reasonable places and times, to audit such records. The Grant Agreement shall

require the Grantee to maintain such records for five years from the date of final payment under the

Grant, unless the Granting Agency authorizes a shorter period in writing. But the Grant Agreement

shall also require that the Grantee shall maintain records for such period as required by

federal or state funding agencies, if longer than the period required in accordance with the

preceding sentence.

(f) Submitting False Claims; Monetary Penalties.

(1) Covenant of Good Faith and Fair Dealing. Each Grant Agreement shall include a

covenant of good faith and fair dealing requiring Grantees at all times to act in good faith with the City

and to submit claims, requests for equitable adjustments, requests for Grant modifications, or requests

of any kind seeking increased compensation under a Grant, only upon a good-faith, honest evaluation

of the underlying circumstances and a good-faith, honest calculation of the amount sought.

(2) Prohibition of False Claims. A Grantee shall not submit a False Claim to the City

related in any manner to the Grant. Payment or reliance by the City is not required for an act to be

considered a False Claim. For purposes of this subsection 21G.7(f):

(A) Submitting a “False Claim” means to:

(i) Knowingly present or cause to be presented to an officer or employee

of the City a claim or request for payment or approval that is false or fraudulent;

(ii) Knowingly make, use, or cause to be made or used a false record or

statement to get a claim paid or approved by the City;

(iii) Conspire to defraud the City by getting a claim allowed or paid by

the City that is false or fraudulent;

(iv) Knowingly make, use, or cause to be made or used a false record or

statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the City;


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(v) Knowingly receive the benefit of a false claim made to the City, or

receiving the benefit without knowledge of the falsity of the claim but subsequently discovering its

falsity and failing to disclose the false claim to the City within a reasonable time after discovering it.

(B) A “claim” means any request or demand for money, property, or services

made to any employee, officer, or agent of the City in connection with a Grant.

(C) “Known” or “knowingly” means (1) having actual knowledge of

information, (2) acting in deliberate ignorance of the truth or falsity of information, or (3) acting in

reckless disregard of the truth or falsity of information. “Known” or “knowingly” does not require

proof of specific intent.

(3) Damages for False Claims. Any Grantee who makes a False Claim shall be liable

to the City for three times the higher of (A) the amount of damages that the City sustains due to the

False Claim, or (B) the amount of the False Claim. Any such Grantee shall also be liable to the City

for all costs, including attorneys’ fees, of a civil action brought to recover any penalties or damages,

and may be liable to the City for a civil penalty of up to $10,000 for each False Claim.

(4) Liability under this Section 21G.7(f) shall be joint and several for any False Claim

made by two or more persons.

SEC. 21G.8. SOLE SOURCE GRANTS.

(a) Notwithstanding any other provision of this Chapter 21G, a Granting Agency may award a

Grant without conducting an open and competitive process under Sections 21G.4, 21G.5, and 21G.6, in

accordance with the Purchaser’s rules and regulations if the Grants Officer determines in

writing that a competitive process is infeasible or impracticable, or that the identified Public

Purpose may reasonably be accomplished only by one particular Grantee. For Granting

Agencies under the jurisdiction of a commission or a board, the Granting Agency shall not

award a Grant without conducting an open and competitive process unless the commission or


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board approves the Granting Agency’s recommendation that the Grant be awarded as a sole

source. Before awarding such a Grant, the Granting Agency shall recommend to the

commission or board concerned the approval and award of a Grant pursuant to this

subsection (a) and such commission or board may then adopt a resolution approving the

justification of the sole source and awarding the Grant.

(b) If the form of the Grant is recurring to the same recipient, a determination made

pursuant to subsection (a) must be supported by either a formal or informal documented

competitive process within the last five years demonstrating the lack of potential Grantees.

(c) Grants for the four City-owned community cultural centers may be awarded as sole

source Grants under this Section 21G.8 without complying with subsections (a) or (b).

SEC. 21G.9. RULES AND REGULATIONSREQUIREMENTS FOR GRANTS.

The Purchaser mayshall promulgate rules and regulations for effectively carrying out this

Chapter 21G no later than December 31, 2021. These rules and regulations shall, among

other things, permit sole source Grants when a competitive process is infeasible or

impracticable, or when Public Purpose may reasonably be accomplished by one particular

Grantee. The Purchaser may update these rules and regulations from time to time, as

needed.

SEC. 21G.10. REQUIREMENTS BASED ON FUNDING SOURCE.

(a) Grants funded in whole or in part by a local, State, or federal governmental agencyentity

shall satisfy all applicable requirements of this Chapter 21G and of the Municipal Codefunding

agency. In the event of a conflict between the funding agency’s requirements and this Chapter 21G or

the Municipal Code, the requirements of the funding agency shall prevail.


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(b) Grants funded in whole or in part by private agencies shall satisfy all applicable

requirements of this Chapter 21G and of the Municipal Codeprivate agency.

SEC. 21G.11. ADMINISTRATIVE DEBARMENT PROCEDURE.

Grantees shall be subject to the provisions and penalties contained in Administrative Code

Chapter 28 (Administrative Debarment Procedures). Any order of debarment or suspension

issued under Chapter 28 shall be a public record. The Controller shall maintain and publish

on the City’s Internet website a current list of Grantees subject to orders of debarment or

suspension and the expiration dates for the respective debarment or suspension terms. The

Controller shall submit a semi-annual report by January 1 and July 1 of each year,

commencing on JulyJanuary 1, 2022, to the Board of Supervisors that includes (a) the

Grantees then subject to an order of debarment or suspension and the expiration dates for the

respective debarment terms; (b) the status of any pending debarment or suspension matters;

and (c) any order of debarment or suspension received by the Controller since the date of the

last report.

SEC. 21G.12. REBATE AND INCENTIVE PROGRAMS.

Departments administering rebate and/or incentive programs shall widely advertise the

availability of rebates and/or incentives. Notices of available rebates and/or incentives shall

be published in accordance with Section 2.98 of the Administrative Code. The Controller shall

periodically audit rebate programs as provided in Appendix F of the Charter.

Section 2. Effective Date; Operative Date.

(a) This ordinance shall become effective 30 days after enactment. Enactment

occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or


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does not sign the ordinance within ten days of receiving it, or the Board of Supervisors

overrides the Mayor’s veto of the ordinance.

(b) This ordinance shall become operative on January 1, 2022, or on its effective

date, whichever is later, except that the operative date for Administrative Code Section 21G.9

shall be the effective date of the ordinance.

Section 3. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors

intends to amend only those words, phrases, paragraphs, subsections, sections, articles,

numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal

Code that are explicitly shown in this ordinance as additions, deletions, Board amendment

additions, and Board amendment deletions in accordance with the “Note” that appears under

the official title of the ordinance.

APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: /s/ Rosa M. Sánchez ROSA M. SÁNCHEZ Deputy City Attorney n:\legana\as2021\2100015\01537010.docx

Tails

City and County of San Francisco City Hall1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689

Ordinance

Ordinance amending the Administrative Code by codifying a grant award process to, among other things: 1) require, with certain exceptions, a competitive solicitation; 2) require advertisement of solicitations and set forth evaluation criteria of grant proposals; 3) reserve the City’s right to cancel, reject, and/or readvertise solicitations; 4) list required grant terms; 5) set forth requirements for the head of a granting agency in making a sole source grant determination; 6) authorize the Purchaser to promulgate rules and regulations for effectively carrying out the requirements of this Ordinance; 7) set forth grant requirements based on a grant’s funding source; 8) set forth administrative debarment procedures; and 9) set forth the requirements for the advertisement and notice of availability of rebate and incentive programs.

File Number: July 27, 2021Date Passed:201089

June 07, 2021 Rules Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE

June 07, 2021 Rules Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED

July 12, 2021 Rules Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE

July 12, 2021 Rules Committee - RECOMMENDED AS AMENDED

July 20, 2021 Board of Supervisors - PASSED ON FIRST READING

Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton

July 27, 2021 Board of Supervisors - FINALLY PASSED

Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton

Page 1City and County of San Francisco Printed at 10:32 am on 7/28/21

I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/27/2021 by the Board of Supervisors of the City and County of San Francisco.

File No. 201089

Clerk of the BoardAngela Calvillo

Date Approved

London N. BreedMayor

Page 2City and County of San Francisco Printed at 10:32 am on 7/28/21

8/4/21

Documents

AMENDED IN COMMITTEE 7/12/21 FILE NO. 201089 ORDINANCE …